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Minutes

Council Meeting

MAROONDAH CITY COUNCIL

Monday

21 May 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Council Meeting MINUTES                            2                                                      21 May 2018

 

 

Minutes of the Council Meeting held in the Council Chamber, Braeside Avenue, Ringwood, on Monday 21 May 2018 at 7:30pm.

 

PRESENT

Cr Nora Lamont (Mayor)               Mullum Ward

Cr Mike Symon (Deputy Mayor)     Mullum Ward

Cr Samantha Marks                   Mullum Ward

Cr Kylie Spears                           Arrabri Ward

Cr Paul Macdonald                     Arrabri Ward

Cr Tony Dib, JP                          Arrabri Ward

Cr Marijke Graham                     Wyreena Ward

Cr Rob Steane                            Wyreena Ward

 

Steve Kozlowski                         Chief Executive Officer

Marianne Di Giallonardo             Director Corporate Services

Phil Turner                                  Director Strategy & Community

Adam Todorov                            Director Operations, Assets & Leisure

Andrew Fuaux                            Acting Director Development & Amenity

Chloe Messerle                           Governance Officer

 

 

The Chief Executive Officer read the following Statement of Recording -

 

“Ladies & Gentlemen - Please note that this meeting is being recorded and streamed live on the internet. All care is taken to maintain your privacy; however, as a visitor in the public gallery, your presence may be recorded.”

 

The prayer was read by Rev Paul Joy, Yarra Valley Anglican Church.

 

The Acknowledgement of Country was read by the Mayor, who also made reference to National Reconciliation Week, which is being observed from 27 May to 3 June 2018.

 

Apologies

Cr Michael Macdonald                Wyreena Ward

Declaration of Interests

Cr Steane          Director Strategy & Community, Item 1 – Ringwood East Shopping Centre – Propose to declare a Special Rates Scheme

                          Reason: Cr Steane is on the Board of Directors for Bendigo Bank Ringwood East.

Confirmation of MinuTes

Moved Cr Dib, Seconded Cr P Macdonald                                                          54/18

That the minutes of the Ordinary Council Meeting held on Monday, 23 April 2018 be confirmed.

Carried

 

 

Order of Business

Moved Cr Steane, Seconded Cr Dib                                                                       55/18

THAT THE ORDER OF BUSINESS BE ALTERED TO DEAL WITH item 8 - documentS for sealing

Carried

 

Documents for Sealing

 

Letter Under Seal - Senior Sergeant Paul McBride                                  ITEM 1

Moved Cr Steane, Seconded Cr Spears                                                              56/18

That council signs and seals THE LETTER UNDER SEAL FOR SENIOR SERGEANT PAUL MCBRIDE, RINGWOOD POLICE, IN RECOGNITION OF HIS significant CONTRIBUTION tO THE maroondah COMMUNITY, THROUGH EMERGENCY MANAGEMENT Planning AND COMMUNITY safety for over 20 years

 

Carried

 

 

Letter Under Seal - Staff Milestones 2018                                                    ITEM 2

Moved Cr Graham, Seconded Cr P Macdonald                                                57/18

That council signs and seals:

1.       THIRTY YEARS OF SERVICE GIVEN BY:

Leeanne Dancocks

Jane Egan

Adrian Smith

 

2.       TWENTY YEARS OF SERVICE GIVEN BY:

Donna Anderson

Anne-marie (Amber) Fenton

Gradimir Konstantinovic

 

 

 

 

3.       TEN YEARS OF SERVICE GIVEN BY:

Natasha Archibald

Sally Bacon

Nanda (Prasanna) Balasooriya

Stephen Bishop

Susan Bowden

Deborah Corless

Charlotte de Kretser

Timothy Dickinson

Anita Doensen

Karen Eagle

Nicole Finkemeyer

Stephen Fulton

Paul Glover

Sandra Grace

Noelene Greene

Glenn Griffiths

Lynette Griss-Fallon

Gennine Lamb

Helen McGeehan

Peter Papanikolaou

Martin Poulter

Kristin Thomson

Kathleen (Kate) Tracchi

Daniel Ward

Colleen Watson

Kim Watts

 

Carried

  

 

Suspension of Standing Orders

Moved Cr Spears, Seconded Cr Marks                                                               58/18

THAT STANDING ORDERS BE SUSPENDED TO present a

letter under seal to Senior Sergeant Paul McBride

Carried

 

 

Letter Under Seal presented by the Mayor, Cr Nora Lamont to Senior Sergeant Paul McBride.

 

 

Resumption of Standing Orders

Moved Cr Steane, Seconded Cr Marks                                                                59/18

THAT STANDING ORDERS BE RESUMED

Carried

PUBLIC QUESTION TIME

Nil

Officers’ Reports

 

Director Corporate Services

 

Attendance Report                                                                                                  ITEM 1

Moved Cr Symon, Seconded Cr Marks                                                                 60/18

 

That COUNCIL RECEIVES AND NOTES THE REPORTS AS PRESENTED BY

COUNCILLORS

 

Carried

Councillors who spoke to their reports – Cr Lamont, Symon, Steane, Spears,

P Macdonald, Graham and Dib

 

 

Cr Nora Lamont (Mayor)

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

25/04          Ringwood RSL ANZAC Dawn Service

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Ringwood Athletics Club

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Norwood Junior Football Club

03/05          Launch of ‘Maroondah Hoarding & Squalor’ Network Website

04/05          2018 ‘Off the Bench’ Sport & Life Training (SALT) Function

06/05          Uambi Community Centre Open Day

06/05          Ringwood Saints Baseball Club 50th Anniversary Event

08/05          2018 BizWeek Event: Leadership Culture Change with Guest Speaker Mrs                     Susan Alberti – ‘In a league of her own’

10/05          Media Event with CEO at North Ringwood Community House

11/05          Interview with a student for school magazine article

12/05          Exhibition Opening – ‘Monuments to the Everyday’

16/05          Focus Magazine filming for Councillors at Realm

17/05          Australian Citizenship Ceremony, Karralyka

19/05          Aquinas Old Collegians Football Club Annual Club Luncheon

 

 

Cr Mike Symon (Deputy Mayor)

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

24/04          ‘Empowering Healthy Eating for Victorian Families and Children,’ event held at               Municipal Association of Victoria (MAV)

25/04          Ringwood RSL ANZAC Dawn Service

26/04          Parking Master Class: ‘Parking for Politicians’ held at Municipal Association of                Victoria (MAV)

26/04          Funding Announcement by Mr Shaun Leane MP at Jubilee Park

27/04          Eastern Region Group of Councils (ERG) Meeting

01/05          Learning for a Sustainable Future – ‘Student Leadership Program’

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Ringwood Athletics Club

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Norwood Junior Football Club

02/05          Audit & Risk Advisory Committee Meeting

03/05          Launch of ‘Maroondah Hoarding & Squalor’ Network website

06/05          Ringwood Saints Baseball Club 50th Anniversary Event

07/05          Australian Institute of Company Directors (ACID) – ‘Safe Harbour Reforms’

08/05          2018 BizWeek Event: Leadership Culture Change with Guest Speaker Mrs                     Susan Alberti – ‘In a league of her own’

08/05          University of the Third Age (U3A) Ringwood Annual General Meeting

09/05          Australian Institute of Company Directors (AICD) – ‘The Changing Role of Audit Committees’

09/05          Heatherdale Community Action Group Meeting

10/05          Australian Institute of Company Directors (AICD) Budget 2018 Update

10/05          Metropolitan Local Government Waste Forum

10/05          Australian Institute of Company Directors (AICD) Graduate Diploma Presentation

11/05          Eastern Region, Division 2 Victoria Police 2018 Medal Presentation

12/05          Launch of ‘Soccer Tournament’ for Australia Chin Community

12/05          Exhibition Opening – ‘Monuments to the Everyday’

16/05          Focus Magazine filming for Councillors at Realm

17/05          Australian Citizenship Ceremony, Karralyka

18/05          Municipal Association of Victoria (MAV) State Council Meeting

 

 

Cr Rob Steane

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

25/04          Croydon RSL ANZAC Dawn Service

26/04          Wyreena Ward Planning Consultation: 19 Pascoe Avenue, Croydon

08/05          Maroondah Business Group BizWeek Event at Sage Hotel, Ringwood

09/05          Wyreena Ward Planning Consultation: 16-18 Zealandia Rd East, Croydon Nth

09/05          Wyreena Ward Planning Consultation: 9 Brenda Court, Croydon

16/05          Focus Magazine filming for Councillors at Realm

16/05          Hearing of Submissions – Adoption of Draft Council Plan 2017-2021 (2018/19                Update), Proposed Budget 2018/19 and Declaration of Rates 2018/19

17/05          Australian Citizenship Ceremony, Karralyka

 

 

Cr Kylie Spears

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

25/04          Croydon RSL ANZAC Dawn Service

26/04          Funding Announcement by Mr Shaun Leane MP at Jubilee Park

29/04          Cheong Park Special Committee Meeting

30/04          Glen Park Neighborhood House Week Meeting

01/05          Glen Park Community Centre Annual General Meeting

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Ringwood Athletics Club

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Norwood Junior Football Club

01/05          Film Premiere – Short Films ‘Linking Eastern Pathways’ at Glen Park

03/05          Launch of ‘Maroondah Hoarding & Squalor’ Network website

04/05          2018 ‘Off the Bench’ Sport & Life Training (SALT) Function

07/05          Meeting with South Croydon Junior Football Club & Eastfield Cricket Club at                   Eastfield Park

07/05          Meeting with East Ringwood Traders Association

08/05          2018 BizWeek Event: Leadership Culture Change with Guest Speaker Mrs                     Susan Alberti – ‘In a league of her own’

08/05          Maroondah Business Group BizWeek Event at Sage Hotel, Ringwood

09/05          Heathmont Historical Society Meeting

09/05          Eastern Region Active Travel Forum

11/05          2018 BizWeek Women's Forum

11/05          Business Advisory Committee Meeting

11/05          Croydon City Arrows Meeting at Dorset Reserve

12/05          Heathmont Jets Junior Football Club – ‘Pink Day Lunch’

12/05          Exhibition Opening – ‘Monuments to the Everyday’

15/05          HE Parker Multipurpose Complex Meeting

16/05          Focus Magazine filming for Councillors at Realm

16/05          Hearing of Submissions – Adoption of Draft Council Plan 2017-2021 (2018/19                Update), Proposed Budget 2018/19 and Declaration of Rates 2018/19

17/05          Maroondah Disability Advisory Committee Meeting

18/05          Croydon RSL Function

 

 

Cr Paul Macdonald

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

25/04          Croydon RSL ANZAC Dawn Service

26/04          Funding Announcement by Mr Shaun Leane MP at Jubilee Park

29/04          Cheong Park Special Committee Meeting

01/05          Eastern Transport Coalition: Hand out brochures: Fix the Belgrave & Lilydale                  Lines – Croydon Station

01/05          Film Premiere – Short Films ‘Linking Eastern Pathways’ at Glen Park

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Ringwood Athletics Club

01/05          Deakin Electorate with The Hon Michael Sukkar & Council Funding                                  Announcement regarding Norwood Junior Football Club

03/05          Launch of Maroondah Hoarding & Squalor Network Website

04/05          2018 ‘Off the Bench’ Sport & Life Training (SALT) Function

06/05          Uambi Centre Community Open Day

08/05          2018 BizWeek Event: Leadership Culture Change with Guest Speaker Mrs                     Susan Alberti – ‘In a league of her own’

09/05          Eastern Affordable Housing Alliance (EAHA) Strategic Work Planning Day

10/05          Eastern Community Legal Centre Annual Volunteers and Partnership Function               ‘Healing Justice’

16/05          Focus Magazine filming for Councillors at Realm

 

 

Cr Marijke Graham

 

24/04          Advocacy Function – Liberal Federal & State Members of Parliament

25/04          Croydon RSL ANZAC Dawn Service

26/04          Wyreena Ward Planning consultation:19 Pascoe Avenue, Croydon

02/05          City of Wellbeing Steering Committee Meeting

03/05          Eastern Alliance for Greenhouse Action (EAGA) Executive Committee Meeting

09/05          Wyreena Ward Public Consultation: 16-18 Zealandia Rd East, Croydon

09/05          Wyreena Ward Public Consultation: 9 Brenda Crt, Croydon

11/05          2018 BizWeek Women's Forum

11/05          Women Leading Change Forum

12/05          Exhibition Opening – ‘Monuments to the Everyday’

16/05          Focus Magazine filming for Councillors at Realm

17/05          Australian Citizenship Ceremony, Karralyka

21/05          Enlightened Development – ‘An Australian First Symposium’

 

 

Reports of Assembly of Councillors                                                             ITEM 2

Moved Cr Graham, Seconded Cr Spears                                                            61/18

 

THAT COUNCIL RECEIVES AND NOTES THE PUBLIC RECORD OF THE ASSEMBLY OF COUNCILLORS BRIEFINGS HELD ON 23 April 2018, 24 April 2018 and 7 may 2018

 

Carried

 

 

Councillor Representation Reports                                                              ITEM 3

Moved Cr Steane, Seconded Cr Marks                                                                62/18

 

That COUNCIL RECEIVES AND NOTES MINUTES OF THE Maroondah community Safety COMMITTEE HELD ON 26 March 2018

 

Carried


 

Adoption of Draft Council Plan 2017-2021 (2018/19 Update),

Proposed Budget 2018/19 and Declaration of Rates 2018/19                   ITEM 4

Moved Cr Dib, Seconded Cr Symon                                                                        63/18

 

A.  COUNCIL PLAN

THAT COUNCIL:

1.       ADOPTS THE COUNCIL PLAN 2017–2021 (2018/19 UPDATE)

2.       FORWARDS A COPY OF THE COUNCIL PLAN TO THE MINISTER FOR LOCAL GOVERNMENT AS REQUIRED BY THE LOCAL GOVERNMENT ACT 1989

3.       AUTHORISES OFFICERS TO ARRANGE FOR THE SUITABLE PUBLICATION AND DISTRIBUTION OF THE COUNCIL PLAN TO COMMUNITY GROUPS AND RELEVANT STAKEHOLDERS

B.   BUDGET

THAT COUNCIL DETERMINES:

1.       Budget

1.1     The submissions on the Budget be noted

1.2     The Chief Executive Officer be authorised to write to each submitter in accordance with section 223 (1)(e) of the Local Government Act 1989 advising of the purport of this Recommendation and the reasons for it

1.3     The Budget annexed to this Recommendation and initialled by the Mayor for identification ("the Budget") be adopted by Council

1.4     The Chief Executive Officer be authorised to give public notice of this decision to adopt the Budget, in accordance with section 130(2) of the Local Government Act 1989

2.       Amount Intended To Be Raised

An amount of $89,308,269 (or such other amount as is lawfully raised as a consequence of this Resolution) be declared as the amount which Council intends to raise by general rates and the annual service charge (described later in this Resolution), which amount is calculated as follows:

General Rates                         $74,565,269

Annual Service Charge       $14,743,000

3.       General Rates

3.1.    A general rate be declared in respect of the 2018/19 Financial Year

3.2.    It be further declared that the general rate be raised by the application of differential rates

3.3.    A differential rate be respectively declared for rateable land having the characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

3.3.1.          general Land

ANY LAND WHICH DOES NOT HAVE THE CHARACTERISTICS OF DERELICT, COMMERCIAL, INDUSTRIAL, OR VACANT LAND

3.3.2.          DERELICT Land

          DERELICT LAND IS ANY LAND IN RESPECT OF WHICH:

(a)                A NOTICE TO COMPLY HAS BEEN SERVED ON THE OWNER OR OCCUPIER OF THE LAND IN RESPECT OF ANY BREACH OF:

(i)       CLAUSE 31 (CONDITION OF LAND);

(ii)      CLAUSE 32 (VACANT BUILDINGS); OR

(iii)     CLAUSE 34 (STORAGE, VEHICLES AND MACHINERY)

OF COUNCIL LOCAL LAW NO. 11; AND

(b)      THE TIME SPECIFIED IN THE NOTICE TO COMPLY HAS EXPIRED; AND

(c)      THE REQUIREMENTS OF THE NOTICE TO COMPLY HAVE NOT BEEN COMPLIED WITH OR OTHERWISE SATISFIED (EITHER BEFORE OR AFTER THE TIME SPECIFIED IN THE NOTICE).

 

3.3.3.          commercial Land

          COMMERCIAL LAND IS ANY LAND THAT DOES NOT HAVE THE           CHARACTERISTICS OF DERELICT, INDUSTRIAL OR VACANT     LAND, AND WHICH IS USED, DESIGNED OR ADAPTED TO    BE    USED PRIMARILY FOR THE SALE OF GOODS OR          SERVICES OR OTHER COMMERCIAL PURPOSES.

 

3.3.4.          industrial Land

          INDUSTRIAL LAND IS ANY LAND THAT DOES NOT HAVE THE           CHARACTERISTICS OF DERELICT, COMMERCIAL OR VACANT LAND, THAT IS USED, DESIGNED OR ADAPTED TO BE USED          PRIMARILY FOR INDUSTRIAL PURPOSES.

 

 

 

3.3.5.          Vacant Land

                   ANY LAND ON WHICH THERE IS NO BUILDING WHICH IS    OCCUPIED OR ADAPTED FOR OCCUPATION AND THAT IS NOT         GENERAL, DERELICT, COMMERCIAL OR INDUSTRIAL LAND.

3.4.    Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 3.3 of this Resolution) by the relevant percentages indicated in the following table:

Category

Rate in the Dollar

Derelict Land

0.571602 cents in the dollar of Capital Improved Value

Commercial Land

0.228641 cents in the dollar of Capital Improved Value

Industrial Land

0.228641 cents in the dollar of Capital Improved Value

Vacant Land

 

0.285801 cents in the dollar of Capital Improved Value

Other Land

 

0.190534 cents in the dollar of Capital Improved Value

 

3.5.    It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that

3.5.1.                   the respective objectives of each differential rate;

3.5.2.                   the respective types or classes of land which are subject to each differential rate;

3.5.3.                   the respective uses and levels of each differential rate in relation to those respective types or classes of land; and

3.5.4.          the relevant

(a)    uses of;

(b)    geographical locations of;

(c)    planning scheme zonings of; and

(d)    types of buildings on

BE THOSE SPECIFIED IN THE BUDGET ANNEXED TO THIS RECOMMENDATION, AS SET IN THE NOTES TO THE FINANCIAL STATEMENTS.

 

3.6.    It be confirmed that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the municipal district

3.7.    In accordance with Section 4 (4) of the Cultural and Recreational Lands Act 1963, the amounts in lieu of rates payable in respect of each rateable  land to which that Act applies be the amounts respectively set out below:

Land

$

Heathmont Club Inc.

5,455.45

Bayswater North Tennis Club

1,504.70

Eastwood Golf Club

11,604.45

TOTAL

18,564.60

 

4.       Annual Service Charge

4.1.    An annual service charge be declared in respect of the 2018/19 Financial Year

4.2.    The annual service charge be declared for the collection and disposal of refuse

4.3.    The annual service charge be in the sum of, and be based on, the criteria specified below:

4.3.1.                   any land within Council's municipal district which is used primarily for residential purposes where a kerbside collection is deemed possible by council:

          $270.00 per service for each land, where the service is for an 80-litre bin

          $324.00 per service for each land, where the service is for a 120-litre bin

          $344.00 for each second and subsequent bin supplied in respect of the land

4.3.2.                   any land within Council's municipal district which is used primarily for residential purposes where the kerbside collection is deemed possible by council:

          $210.00 per service for each land, where the service of a second residential PUTRESCIBLE bin is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a 120 litre bin ONLY at the frequency of once per week

                   $210.00 per service for each land, where the service of a second garden organics bin ONLY is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a 240 litre bin at the frequency of once per fortnight

4.3.3.                   any land within Council's municipal district which is used primarily for commercial purposes:

$590.00 (including GST) per service for each land, where the service is requested by the owner of the      land (or the agent of the owner) and is for collection and disposal of the contents of a 240          litre bin at the frequency of once per week

$1,280.00 (including GST) per service for each land, where the service is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a 240 litre bin at the frequency of three times per week

4.3.4.          any land within Council's municipal district which is used primarily for industrial purposes:

          $260.00 (including GST) per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of an 80   litre bin

          $310.00 (including GST) per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of a 120 litre bin

4.3.5.                   any land within Council's municipal district which is used primarily for other than residential purposes   and has an existing commercial service or is a not for profit organisation:

          $130.00 (including GST) per each 240 litre recycling bin, where the service is requested by the owner of the land (or the agent of the owner) and is for     collection and recycling of the bin at the                        frequency of once per fortnight

4.3.6.                   any land within Council's municipal district which is used primarily for commercial and INDUSTRIAL PURPOSES where the kerbside collection is deemed practicable by council:

                   $200.00 (including GST) per service for each land, where the service of a garden organics bin is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a 240 litre bin at the frequency of once per fortnight

5.       Incentives

No incentive be declared for early payment of the general rates and annual service charge previously declared

6.       Extra Instalment Options

IN ACCORDANCE WITH SECTION 167 OF THE LOCAL GOVERNMENT ACT 1989, PAYMENT OF RATES AND CHARGES CAN BE MADE IN

·        ONE (1) ANNUAL PAYMENT (DUE 15 FEBRUARY 2019),

·        FOUR (4) INSTALMENT PAYMENTS (DUE 30 SEPTEMBER 2018,
30 NOVEMBER 2018, 28 FEBRUARY 2019 AND 31 MAY 2019),

·        OR BY NINE (9) MONTHLY (DIRECT DEBIT ONLY) INSTALMENTS (DUE 30 SEPTEMBER 2018, 31 OCTOBER 2018, 30 NOVEMBER 2018, 31 DECEMBER 2018, 31 JANUARY 2019, 28 FEBRUARY 2019, 31 MARCH 2019, 30 APRIL 2019 AND 31 MAY 2019).

DUE DATES THAT FALL ON A WEEKEND OR PUBLIC HOLIDAY WILL BE DUE ON THE NEXT BUSINESS DAY

7.       Consequential

7.1.    It be recorded that Council requires any person to pay interest on any amount of rates and charges which:

7.1.1.                    that person is liable to pay; and

7.1.2.                    have not been paid by the date specified for their payment

7.2.    The Chief Executive Officer be authorised to levy and recover the general rates and annual service charge in accordance with the Local Government Act 1989

 

Carried

 

Councillors who spoke to the motion – Cr Steane, Dib, Spears, P Macdonald and Symon

 

 

Financial Report: Nine Months Ending 31 March 2018                                ITEM 5

Moved Cr Symon, Seconded Cr Marks                                                                 64/18

 

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE FINANCIAL PERFORMANCE AGAINST BUDGET FOR THE NINE MONTHS ENDING 31 MARCH 2018.

 

Carried

 

 

Audit & Risk Advisory Committee Report                                                        ITEM 6

Moved Cr P Macdonald, Seconded Cr Symon                                                   65/18

That COUNCIL RECEIVES AND NOTES THE REPORT FROM THE AUDIT & RISK ADVISORY COMMITTEE MEETING HELD ON WEDNESDAY 2 MAY 2018

 

Carried

 

Director Operations, Assets & Leisure

 

Cheong Park Special Committee of Council - Revoking of 

Instrument of Delegation                                                                                     ITEM 1

Moved Cr Spears, Seconded Cr P Macdonald                                                  66/18

That COUNCIL REVOKES THE EXISTING DEED OF DELEGATION which was EXECUTED BY COUNCIL UNDER THE PROVISION OF SECTION 86 OF THE LOCAL GOVERNMENT ACT 1989, WHICH ESTABLISHED THE CHeong PARK SPECIAL COMMITTEE OF Council, EFFECTIVE from 30 June 2018

 

Carried

 

 

Capital Works Report: Third Quarter 2017/2018                                           ITEM 2

Moved Cr Steane, Seconded Cr P Macdonald                                                  67/18

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE PROGRESS AND STATUS OF CAPITAL WORKS PROJECTS FOR THE PERIOD 1 JULY TO 31 MARCH 2018

 

Carried

 

Cr Steane declared a Conflict of Interest earlier in the meeting and left the Council Chamber at 8:20pm, prior to the consideration of Item 1, Director Strategy & Community.

 

Director Strategy & Community

 

Ringwood East Shopping Centre - Propose to Declare

a Special Rate Scheme                                                                                             ITEM 1

Moved Cr Spears, Seconded Cr Dib                                                                      68/18

That

1.       council RECIEVES AND notes the petition containing 43 signatures presented on behalf of the RINGWOOD EAST traders association requesting A special rate scheme for the RINGWOOD EAST shopping centre

2.       council resolves to give notice of its intention to declare a special rate and charge in accordance with section 163 of the local government act 1989 (“the act”) as follows (“the proposed declaration”):

i.        a special rate is declared for the period commencing on the day on which council issues a notice levying payment of the special rate and concluding on the fifth anniversary of that day.

ii.       the special rate be declared for the purpose of defraying expenses in relation to the promotion, adverTising, marketing and development of businesses within the RINGWOOD EAST shopping centre which project:

-      council considers is or will be of special benefit to those persons required to pay the special ratE (and who are described in succeeding parts of this resolution); and

-      arises out of council’s function of planning for and providing services and facilities for the local community and the encouragement of commerce.

iii.      the total

-      cost of performing the function described in part 2ii of this resolution be recorded as $24,820.97; and

-      amount for the special rate to be levied be recorded as $24,820.97 or such other amount as is lawfully levied as a consequence of this resolution.

iv.      THE FOLLOWING be specified as the area for which the special rate is so declared:

the area within COUNCIL’S municipal district THAT IS highlighted (IN YELLOW) IN the plan attached to this resolution AS ATTACHMENT #1 (“the area”).

v.       the following be specified as the land in relation to which the special rate is so declared:

all land within the area primarIly used or adapted or designed to be used for commercial purposes.

vi.      the following be specified as the criteria which formS the basis of the special rate so declared:

ownership of any land described in part 2(v) of this resolution.

vii.     the following be specified as the manner in which the special rate so declared will be assessed and levied:

-      A SPECIAL RATE PER property BASED ON .000873209 CENTS IN THE DOLLAR OF THE CAPITAL IMPROVED VALUE OF THE RATED PROPERTY.

viii.    HAVING REGARD TO THE PReCEDING PARTS OF THIS RESOLUTION BUT SUBJECT TO SECTION 166(1) OF THE ACT, IT BE RECORDED THAT THE OWNERS OF THE LAND DESCRIBED IN PART 2(v) OF THIS RESOLUTION WILL, SUBJECT TO FURTHER RESOLUTION OF COUNCIL, PAY THE SPECIAL RATE IN THE AMOUNTS SET OUT IN THE TABLE ATTACHED TO THIS RESOLUTION AS ATTACHMENT #2 IN THE FOLLOWING MANNER:

PAYMENT ANNUALLY BY A LUMP SUM ON OR BEFORE:

-        ONE MONTH FOLLOWING THE ISSUE BY COUNCIL OF A NOTICE LEVYING PAYMENT UNDER S 163(4) OF THE ACT OR one month

         AFTER THE DATE OF ANY DETERMINATION BY THE VICTORIAN CIVIL AND ADMINISTRATIVE APPEALS TRIBUNAL FOLLOWING THE HEARING OF ANY APPLICATION FOR REviEW UNDER SECTION 185 OF THE ACT, WHICHEVER DAY LAST OCCURS; OR

-        payment annually by four INSTALMENTS TO BE PAID BY THE DATES WHICH ARE FIXED BY THE COUNCIL IN THE NOTICE levying payment under s 163(4) of the act.

ix.      council will, subject to the act, require a person to pay interest on any special rate which that person is liable to pay and has not been paid by the date specified for its payment.

x.       COUNCIL CONSIDERS THAT THERE WILL BE A SPECIAL BENEFIT TO THE PERSONS REQUIRED TO PAY THE SPECIAL RATE BECAUSE THERE WILL BE A BENEFIT TO THOSE PERSONS THAT IS OVER AND ABOVE, OR GREATER THAN, THE BENEFIT THAT IS AVAILABLE TO PERSONS WHO ARE NOT SUBJECT TO THE PROPOSED SPECIAL RATE, DIRECTLY AND INDIRECTLY, as a result of the expenditure proposed by the special rate, in that the:

-        viability of the precinct as a business, commercial,   retail and professional area; and

-        value and use, occupation and enjoyment of the         properties included in the scheme,

will be maintained and enhanced through increased economic activity.

xi.      council further considers, and formally determines for the purposes of sections 163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of the total benefits of the Scheme to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the Special rate is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, the community benefit is nil because expenditure of the proposed Special rate is related to marketing, promotion, advertising and business development related and will accordingly only benefit the owners and occupiers of those properties included in the Scheme that are primarily used or adapted or designed to be used for commercial purposes.

xii.     the special rate so declared will require the preparation of a funding agreement between Council and the RINGWOOD EAST Traders Association to formalise the administrative operations of the Special ratE, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the RINGWOOD EAST Traders Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special RATE in accordance with its obligations under the act to do so.

3.       any submissions made under section 223 of the act BE CONSIDERED by a committee of council, consisting of THREE councillors -  P Macdonald, Dib AND spears ON a date to be determined

i.        The Director strategy and community be authorised to undertake the administrative procedures necessary to enable council to carry out its functions under section 223 of the act in relation to this matter.

4.       and any objections made under section 163b of the act and the proposed declaration be considered BY COUNCIL AT ITS ORDINAry meeting to be held on 17 SEPTEMBER 2018 and such to include any outcomes from the committee of council as REFERRED TO IN 3 above

5.       COUNCIL’S CHIEF EXECUTIVE OFFICER BE AUTHORISED TO GIVE PUBLIC NOTICE OF THE PROPOSED DECLARATION IN ACCORDANCE WITH SECTIONS 163 (1A) AND (1B) AND 163B(3) OF THE ACT AND SEND A COPY OF THE PUBLIC NOTICE TO EACH PERSON WHO WILL BE LIABLE TO PAY THE SPECIAL RATE IF IT IS DECLARED IN ACCORDANCE WITH SECTION 163(1C) OF THE ACT

 

Carried

 

 

Cr Steane returned to the Council Chamber at 8:23pm following the consideration of Item 1, Director Strategy & Community.

 


 

Petition - Ryland Avenue Shopping Centre Car Park                                ITEM 2

Moved Cr Graham, Seconded Cr Steane                                                             69/18

 

That Council

1.       Receives and notes the petition containing 179 signatures presented on behalf of the Ryland Avenue traders requesting additional car parking at the centre and consideration by Council to prioritise the redevelopment of the centre in light of the request for more parking

2.       officers prepare a report on the matters raised in the petition for consideration at a future meeting of council

3.       AdviseS the lead petitioner accordingly

 

Carried

Councillors who spoke to the motion – Cr Graham

 

 

Council Plan 2017-2021 (Year 1: 2017/18) - Progress Report

as at 31 March 2018                                                                                                    ITEM 3

Moved Cr Symon, Seconded Cr Marks                                                                 70/18

 

That council notes the progress made towards the delivery of COUNCIL PLAN 2017/18 priority actions

 

Carried

 

 

Local Government Performance Reporting Framework - Quarter 3 Results 2017/18                                                                                                                                            ITEM 4

Moved Cr P Macdonald, Seconded Cr Spears                                                  71/18

 

That council notes the report on local governmeNt performance reporting framework service perfoRmance indicators for the first nine months of the 2017/18 financial year

 

Carried

 

DOCUMENTS FOR SEALING

This Item was dealt with earlier in the evening.

 

motions to review

Nil

 

Late ItemS

Nil

Requests / Leave of Absence

LEAVE OF ABSENCE

Cr Dib requested Leave of Absence for the 25 June 2018 Council Meeting.

 

Moved Cr Symon, Seconded Cr Marks                                                                 72/18

That COUNCILLOR DIB BE GRANTED LEAVE OF ABSENCE FROM THE 25 JUNE COUNCIL MEETING.

Carried

In Camera

 

Moved Cr Dib, Seconded Cr Steane                                                   73/18

THAT IN ACCORDANCE WITH SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 COUNCIL RESOLVES TO MEET IN CAMERA AS THE MATTERS TO BE DISCUSSED MAY PREJUDICE THE COUNCIL OR SOME OTHER PERSON.

 

Carried

Council resolved that the following decisions be reflected in the minutes of the Open Forum.

 

Director Operations, Assets & Leisure

 

Tender Evaluation Report - Contract 20853 Construction

of Croydon Town Square                                                                                      ITEM 1

THAT THIS REPORT AND ALL DISCUSSIONS IN RELATION TO IT REMAINS CONFIDENTIAL INDEFINITELY AND THIS RESOLUTION REMAINS CONFIDENTIAL UNTIL THE EXECUTION OF THIS CONTRACT AT WHICH TIME THE RESOLUTION BE MADE PUBLIC

 


 

 

Tender Evaluation Report - Contract 2106/0634 Retail

Electricity, Natural Gas & Associated Services (through

Procurement Australia)                                                                                        ITEM 2

 

THAT THIS REPORT AND ALL DISCUSSIONS IN RELATION TO IT REMAINS CONFIDENTIAL INDEFINITELY AND THIS RESOLUTION REMAINS CONFIDENTIAL UNTIL THE EXECUTION OF THIS CONTRACT AT WHICH TIME THE RESOLUTION BE MADE PUBLIC

 

 

Tender Evaluation Report - Contract 20887 Croydon Pavilion Redevelopment                                                                                                                                            ITEM 3

THAT THIS REPORT AND ALL DISCUSSIONS IN RELATION TO IT REMAINS CONFIDENTIAL INDEFINITELY AND THIS RESOLUTION REMAINS CONFIDENTIAL UNTIL THE EXECUTION OF THIS CONTRACT AT WHICH TIME THE RESOLUTION BE MADE PUBLIC

  

The open forum closed at 8:29pm.

 

 

Confirmed ……………………………………..

 

 

Date ……………………………………………